Thursday, November 25, 2004
Copyright © Las Vegas Review-Journal

BINION TRIAL AFTERMATH: Murphy plans legal actions

Wrongful incarceration, palimony, inheritance battles might be coming

William Fuller, the wealthy businessman who funded Sandy Murphy's defense team, talks to Rick Tabish shortly before Tabish and Murphy were acquitted of a murder charge Tuesday. Photo by Jeff Scheid. Sandy Murphy awaits the verdict in her murder trial Tuesday. Photo by Jeff Scheid. Rick Tabish, right, embraces his father, Frank, after being found not guilty of murder in the Ted Binion murder retrial Tuesday. Photo by Jeff Scheid.

Sandy Murphy is considering a civil rights lawsuit alleging wrongful incarceration in 2000 in the death of Ted Binion, and she plans to pursue at least $1 million left to her in Binion's disputed will, an associate of her wealthy benefactor said Wednesday.

Also, Murphy benefactor William Fuller has told the Review-Journal there have been movie deal inquiries of Murphy.

"Some filming people have been in touch with me, and they are thinking of making a film out of it," said Fuller, who funded Murphy's legal defense team.

"If you win the thing, everyone wants it," Fuller said. "If you lose the thing, no one wants it."

Fuller's employee, John Prendeville, said national TV shows are showing interest: "Good Morning America" hopes to get Murphy and her attorney, Michael Cristalli, on the show next week, and a national television news show has asked about interviewing Murphy.

Murphy and Rick Tabish were charged in 1999 with drugging and killing Binion, Murphy's millionaire boyfriend, in a plot to steal his $7 million in silver and to prevent Binion from cutting Murphy out of his will. The two maintained their innocence, but they were convicted of murder and other charges in 2000 and sentenced to life in prison.

The convictions were overturned on appeal last year, and Tuesday, after a six-week retrial in the courtroom of District Judge Joseph Bonaventure, Murphy and Tabish were acquitted of murder.

The jury convicted the pair of grand larceny, conspiracy and burglary in the theft of Binion's $7 million in silver.

Murphy and Tabish are scheduled to be sentenced on Jan. 28, and they each face potential maximum sentences of 21 years.

Prendeville, whose name was mentioned amid witness-tampering allegations lodged by District Attorney David Roger in the Binion case earlier this year, was hired to do the behind-the-scenes work of Murphy's criminal defense.

Fuller said Tuesday he views Prendeville as a driving force behind Murphy's acquittal, and he praised Murphy's defense attorney, Michael Cristalli, and his staff for their courtroom work.

Prendeville said the Las Vegas Valley can expect litigation filed on behalf of Murphy in the coming months. Prendeville said the Murphy camp is contemplating a civil rights lawsuit based on the contention Murphy was wrongly incarcerated in 2000 and spent nearly four years in prison on false charges.

"A civil rights action is a strong possibility," Prendeville said. "It is typical litigation for anyone who has been released after being convicted wrongfully."

Prendeville said Murphy plans to pursue the items Binion left to her in her will: his house on Palomino Lane, its contents and $300,000.

The proceeds of the sale of the house, roughly $700,000, have been put in a trust account, and it has been generating interest. Prendeville estimated the amount of the sale, its contents and the interest generated to be close to $1.1 million.

But whether Murphy is due anything is expected to be contested by Binion's estate. One of Binion's attorneys, James Brown, has said Binion called the day before his Sept. 17, 1998, death and told him to take Murphy out of the will.

Litigation over Murphy's disputed inheritance was put on hold pending the resolution of the murder case. Nevada law prevents someone convicted of murder from inheriting the valuables of their victim, but now that Murphy has been acquitted, she is free to pursue the inheritance.

Prendeville said Murphy plans to pursue a palimony lawsuit previously filed against the Binion estate. The lawsuit contends Murphy is due compensation for the nearly three years she lived with Binion.

"Palimony for her loyal service and devoting her precious time to him," Prendeville said.

A wrongful death lawsuit filed by Binion's daughter, Bonnie, against Murphy and Tabish is still pending.

District Judge Michael Cherry, who is presiding over all of the civil cases, said Wednesday the wrongful death lawsuit, the palimony case and the probate litigation are all still pending. He expects to schedule a status check on the litigation after proceedings are resolved in the criminal case.

Cherry said he was prevented from commenting further.

Attorney Robert Murdock represents Tabish in the wrongful death lawsuit, and Murdock said he is optimistic the lawsuit will be dismissed.

"Frankly, I think it would be better for all parties if this just went away," Murdock said.

Prendeville works for Fuller, an octogenarian millionaire who made his money largely in the mining business. But Prendeville's and Fuller's names were mentioned by prosecutors earlier this year as potential targets of a witness-tampering investigation before Murphy and Tabish's retrial.

Roger, the district attorney, has said authorities are investigating whether Prendeville tampered with witness Kurt Gratzer in the Binion retrial by paying thousands of dollars in legal fees on behalf of Gratzer. The legal fees were paid for Gratzer while he was housed at a Montana jail on drunken driving charges.

Gratzer took the stand during the Binion trial and said Tabish was only joking when he talked about killing a casino owner named Ted before Binion's death. Gratzer also said he believed Murphy had nothing to do with Binion's death.

Roger has said the decision on whether to seek any charges against Prendeville would not be made until after the retrial concluded. Roger was unavailable for comment Wednesday.

Prendeville said he is confident no charges will be filed against him. He said the payments were made to Gratzer because the man was down on his luck.

Prendeville has said the payments were made well after Gratzer signed sworn affidavits indicating Murphy had nothing to do with Binion's death.

"That's all rubbish," Prendeville said of the accusations,

Fuller declined comment on the accusations, other than to say:

I'm an old dog in the road, and I've got to watch my mouth sometimes."

Fuller went on to say he has no hard feelings against the district attorney's office, and he said he thinks it and its prosecutors did a "good job" during the retrial.

"They've got a job to do," Fuller said.

In a television interview with KLAS-TV, Tabish said Wednesday he hopes to challenge the convictions on the theft of Binion's silver fortune. He said he had nothing to do with Binion's death.

"I didn't wake up (on Sept. 17, 1998,) and say, 'I'm going to kill somebody.' It didn't happen," Tabish said.

Tabish is in prison on an unrelated extortion plot. He said if he successfully challenges the silver charges, he hopes to be out of prison in about 16 months.

He said his relationship with Murphy is over.

"It's been five years, and a lot of stuff's went on," Tabish said. "I hope she gets on with her life. I hope she finds happiness. I always stood with her. ... She's not capable of killing a cricket."